Town Planning Commission meeting explodes into third-hand allegations of skullduggery

The Front Royal Planning Commission at its regular meeting on December 15th had a relatively straightforward agenda – to review and approve a new short-term tourist rental ordinance and to finally approve the Town Attorney’s Report regarding the processing of Mayor Chris Holloway’s Subdivision on Steele Avenue. – But it was not to be so.

Vice-Chairman Connie Marshner opened the Citizen Comment portion of the meeting, and “Private Citizen” Matt Tederick was the sole speaker. He presented a series of allegations against Commissioner Darryl Merchant, quoting extensively from an article from the Warren-Frederick County Report, essentially that the Town Attorney’s Internal Inquiry report (more about the report itself later) had been leaked by Commissioner Merchant to County Supervisor Walt Mabe in advance of the release of the report by Town Manager Steven Hicks on November 17. That article quotes two local citizens making allegations about a leak specifically to benefit Supervisor Mabe’s in a potential mayoral run in 2022. It also draws heavily on a Facebook posting by Stevi Hubbard on the Facebook page Warren County Beer Drinkers & Independent Thinkers – Not exactly sworn testimony.

Whose ‘cabal’ is up to what?!? Matt Tederick excoriates Planning Commissioner Darryl Merchant at Wednesday’s Town Planning Commission meeting while admitting: “I don’t know if any of this is true.” Royal Examiner Photos Stephen Sill

So, the 9-minute dissertation by Mr. Tederick, despite his insistence that he was presenting “undeniable facts”, turned out to be a rehashing of third-hand allegations by a person or people who never actually saw the “leaked” report or could account for the sequence of events.

The odd juxtaposition of Tederick’s demanding Commissioner Darryl Merchant’s immediate resignation – “Tonight!” – in the same statement in which he said “I don’t know if any of this is true” makes this reporter wonder if there is a political game underway. There’s an old saying that a lie can be halfway around the block before the truth gets its shoes tied.

At the conclusion of his statement Commission Vice-Chairman Connie Marshner, chairing the meeting in Chairman Doug Jones’ absence, asked Mr. Tederick “What made you bring this up?”

Mr. Tederick seemed nonplussed by the question, and he responded that the actions alleged in the article about Mr. Merchant were “politically motivated” and “horribly dishonorable in my opinion – That’s why I brought it up, it’s very simple. I can talk more if you like,” Tederick offered. It was an offer the vice-chair declined, noting the commission had “actual business to attend to here.”

No members of the Commission responded to the allegations, and the Vice-Chairman said the two citizens quoted extensively in the article had shown up at a planning commission meeting “in an advanced state of intoxication” the day that the article cited by Mr. Tederick was published, but she knew nothing else about them. Vice-Chair Marshner then wondered aloud why Mr. Tederick appeared to be taking the thus-far unsubstantiated social media allegations of two people about Merchant’s alleged, and apparently unseen, role in a leak never publicly released, “as gospel”. Mr. Tederick left the WCGC meeting room shortly after Marshner’s questions and observations as the commission proceeded into its action agenda items.

Short-term home rentals
Following the exit of Mr. Tederick, The Commission resumed its regular business by taking up a proposed ordinance amendment to Town Code 175-3, to permit short-term property rentals in the Town of Front Royal, defined as “Provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes for a period of fewer than 30 days, in exchange for a charge for the occupancy.”

The commissioners discussed the proposed ordinance revisions made by the planning staff and Planning Director Lauren Kopishke explained that they had incorporated the input from the Planning Commission Work Session of December 1. Several commissioners were concerned about a provision in the proposed ordinance that required the planning department to obtain the approval of a subdivision HOA (Home Owners Association), if applicable, for the applicant to operate a short-term rental. This has proven to be problematic for county short-term tourist rental operators when an HOA is opposed to the use of a property in that way. HOA covenants are contractual between the association and the property owner, whereas a zoning ordinance or permit is enforced by municipal code. This could place the Town in the middle of a conflict if the HOA refuses to approve a short-term rental that would be legal by local and state codes. The commission ultimately decided to postpone action on the ordinance until its combined work session and regular meeting, January 19.

Stevi Hubbard unleashes a diatribe on Vice-Chairman Connie Marshner at Wednesday’s Planning Commission meeting, demanding a public apology for comments the Vice-Chairman made in reaction to Tederick’s comments earlier in the meeting. Hubbard was eventually escorted from the meeting by Front Royal Police.

Before the commission could consider the formal acceptance of the Planning Commission Internal Report prepared by retiring Town Attorney Douglas Napier, the proceedings were interrupted by a clearly angry Stevi Hubbard, who took to the podium uninvited to begin to rail against Vice-Chairman Marshner for her earlier observations in response to Tederick’s public comments – “Lying on me on public television and saying I was drunk at a meeting!”

Ms. Hubbard ignored the vice-chairman’s request to cease the disruption and carried on, not only at the vice-chairman but also Commissioner Merchant for “allowing that woman to lie on me”.

For more than 10 minutes Ms. Hubbard refused to come to order and continued her rambling diatribe, demanding a public apology and defying requests to allow the meeting to move on. “Are you going to allow that woman to lie on me like that?” was directed at Commissioner Merchant.

Eventually, Front Royal Police responded to escort Ms. Hubbard, still shouting at Vice-Chairman Marshner and Commissioner Merchant, from the room, as the somewhat shellshocked commission resumed the meeting.

Reached after the meeting, Vice-Chairman Marshner acknowledged that one of the two referenced women was definitely inebriated. “You could smell it. If Ms. Hubbard was not, then I certainly apologize to her”.

The commission then turned its attention to the now-infamous investigative report authored by Town Attorney Douglas Napier, since announced by the mayor as retiring at the end of the year.

Commissioner Merchant moved that the commission accept the report and that the recommendations in the report be adopted by the Planning Department. During the discussion period prior to the vote, Commissioner Merchant pointed out that “There’s been a lot of confusion about this report.” The report was not a criminal investigation, but a determination of the facts surrounding the apparent circumvention of the subdivision ordinance during the approval of Holloway Construction’s non-conforming subdivision application process and resulting recommendations that would prevent this situation from happening again.

The vote to accept the report was unanimous. Vice-Chairman Marshner then turned to Planning Director Kopishke and asked about outcomes from the recommendations of the report. Director Kopishke outlined several new projects underway already, including a new development guidebook, better tracking software, and revisions to the permitting forms to make them more consistent.

The Planning Director outlined progress made so far in the Comprehensive Plan rewrite and said that the planning staff had received 300-350 survey responses so far, and over 12,000 individual question responses, and 381 actual written responses.

The team just launched an interactive map where people can identify their favorite places, mark areas perceived to be high-crime, or with maintenance issues like potholes. The survey mechanism will remain open until January while the team begins to compile the data.

Planning Commissioner Darryl Merchant, disregarding the controversy surrounding his role on the commission, at this point seems vindicated by the results of his request for an internal inquiry on processing subdivision applications, particularly as they applied to approval of the mayor’s non-conforming subdivision permit application. The planning department is adopting the report’s recommendations.

Separately, Commissioner Merchant has provided a statement regarding his service on the Planning Commission, which is quoted below in part:

“It is nice to see the return of citizen Tederick to the podium. I have missed his razor-sharp wit and passionate oratory. Matt is a fervent supporter of the republican party and a strong protector of local officeholders. The majority of the Front Royal Town Council is republican. I am not.

Boards and Commission members are appointed by the Council and, in my opinion, serve at their will. Even though most appointments are for a specific term or period of time, I strongly believe that Council has the right to appoint or dismiss individuals to boards and commissions as they see fit.

In my case, if Council desires that I vacate my seat on the Planning Commission, all they have to do is ask. There is no need to concoct some weird conspiracy theory. Simply make a motion to replace or retire me and put it on the consent agenda. No explanation is needed. No-fuss, no mess, and certainly no ill will from me.”

A fitting way to end the meeting. The Commission adjourned at 8:15 p.m.

Watch the Planning Commission meeting here.